Loading...
01. Ordinance 1659 - Zone Change with PUD - Hockaday Museum - 2nd ReadingTanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.eom/planning REPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT: Second Reading - Hockaday Museum of Art zone change from RA- 3 to P-1 and planned unit development (PUD) zoning overlay request MEETING DATE: May 4, 2009 BACKGROUND: This is the second reading on a request from the Hockaday Museum Board for a zone change from RA-3 to P-1 and a PUD overlay zoning district for 4 adjacent lots containing 28,400 square feet. The properties are located on the west side of 2nd Avenue East between 3rd and 4+h Streets East. The properties included in the zone change can be legally described as lots 1 and 2 of block 64 in Kalispell Original Townsite, the current site of the Hockaday Museum of Art, 302 2nd Avenue East and lots 3 and 4 of block 64, Kalispell Original Townsite within the NE 1/4 of Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of April 20, 2009. RECOMMENDATION: A motion to approve the second reading for the zone change and planned unit development would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the City Council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: April 28, 2009 c: Theresa White, Kalispell City Clerk My ebb Interim City Manager Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 1 , ► RANGE#I lei Do- urnwA11011all 41 Roy, R 01, 1 We"R w"I)p, NO 1V,- -A-64 70 1T,-'7 C T r- r, fA - T Pf N 1 NN ! i A, S-41, t P 14,41 E EO 28 NORTH, 1 COUNTY, MONTANA o [IINDIINW&VAIFlIKKIIIJOIRIZINDI ► •� •� 1, ►•� 1 DATE. WHEREAS, the Hockaday Museum of Art Board of Directors petitioned the City of Kalispell that the zoning classification attached to the above described tract of land be zoned P-1, Public, with a Planned Unit Development overlay, and WHEREAS, the property is located on the west side of Second Avenue East between Third and Fourth Streets East, and WHEREAS, the petition of the Hockaday Museum of Art was the subject of a report compiled by the Kalispell Planning Department, Staff Report #KZC-09-02/KPUD-09-01, in which the Kalispell Planning Department evaluated the petition and recommended that the property as described above be zoned City P-1, Public, with a Planned Unit Development overlay, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, the Kalispell City Planning Board held a Public Hearing on the matter on March 10, 2009, and recommended that the zoning be City P-1, Public, with a Planned Unit Development overlay, pursuant to Kalispell City Code 72.21.030(2)(b), and WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described P-1, Public, with a Planned Unit Development overlay, the City Council finds such zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff Report No. #KZC-09-02/KPUD-09-01. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning Ordinance, (Ordinance No. 1460) is hereby amended by designating the property described above as P-1, Public, with a Planned Unit Development overlay. SECTION II. The Planned Unit Development proposed by the Hockaday Museum of Art upon the real property described above is hereby approved, subject to the following conditions: General Conditions: The Planned Unit Development for Hockaday Museum of Art allows the following deviations from the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.20.040 (3) (Minimum building setbacks in the P-1 zoning district) Removes building setback requirements along the alley so that the future museum expansion can be built. B. Kalispell Zoning Ordinance, Section 27.26.050(18) (Minimum off-street parking spaces required for museums and art galleries). Only 50% (13) of the required off-street parking for the museum expansion shall be met with the parking to be located on the south side of the museum site as shown on the submitted site plan. 2. That the development of the site shall be in substantial compliance with the following plans as well as any additional conditions associated with the PUD as approved by the city council: Hockaday Museum of Art temporary plans (includes parking lot on south side of project site and temporary tent structure) Hockaday Museum of Art full build out plans Elevations of the museum 3. Approval of the planned unit development (PUD) shall be valid for a period of five years from the date of approval with the possibility of another five-year extension to be granted by the city council. Within this time, the museum shall obtain the necessary permits and approvals to complete the improvements as shown on the approved PUD site plan. SECTION III. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell Zoning Ordinance not amended hereby shall remain in full force and effect. SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS 4TH DAY OF MAY, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk